Page:1864-65 Territory of Dakota Session Laws.pdf/211

Rh of her body, is punishable by imprisonment in the territorial prison not exceeding five years, and not less than two.

Sec. 750. Every person who having been convicted of petit larceny, or of any attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the territorial prison, commits any crime after such conviction, is punishable as follows:

1. If such subsequent offense is such that upon a first conviction, the offender would be punishable by imprisonment in the territorial prison for life, at the discretion of the court, such person is punishable by imprisonment in such prison during life;

2. If such subsequent offense is such that upon a first conviction the offender would be punishable by imprisonment in the territorial prison for any term less than for life, such person is punishable by imprisonment in such prison for the longest term prescribed upon a conviction for such first offense.

3. If such subsequent conviction is for petit larceny or for any attempt to commit an offense which, if perpetrated, would be punishable by imprisonment in the territorial prison, then such person is punishable by imprisonment in such prison for a term not exceeding five years.

Sec. 751. Every person who has been convicted in any other state, government or country of an offense which, if committed within this territory, would be punishable by the laws of this territory by imprisonment in the territorial prison, is punishable for any subsequent crime committed within this territory, in the manner prescribed in the last three sections, and to the same extent as if such first conviction had taken place in a court of this territory.

Sec. 752. When any person is convicted of two or more crimes before sentence has been pronounced upon him for either, the imprisonment to which he is sentenced upon the second or other subsequent conviction, must commence at the termination of the first term of imprisonment to which he shall be adjudged, or at the termination of the second or other subsequent term of imprisonment, as the case may be.

Sec. 753. Whenever any person is declared punishable for a fur